SHANTABEN S.DAVE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr. KB Anandjiwala, Ld. Advocate for the appellants and Ms. Jhaveri, Ld. APP for the respondent State.

(2.) The appellants are convicted by impugned judgment and order dated 30/7/1993 in Special Case No. 12/1993 delivered by the Ld. Special Judge of City Sessions Court, Ahmedabad. The appellant in Criminal Appeal No. 1022/1993 accused no. 1, Shantaben Sharadkumar Dave is convicted under section 15 of the Prevention of Corruption Act [hereinafter referred to as 'the Act'] for attempting to commit the offence under section 13[1][d][i][ii] of the Act and awarded sentence to undergo simple imprisonment [SI] for a period of two years and to pay fine of Rs.500/-, in default of payment of fine, to undergo further SI for a period of two months. However, she has been acquitted of the charges under sections 13[1][d][i][ii] and 13[2] of the Act. Whereas the appellant in Criminal Appeal No. 1033/1993 accused no. 2, Jahid Hussain Mohmedhussain Shaikh has been convicted for the offence punishable under section 12 of the Act and awarded sentence to undergo SI for a period of two years and to pay fine of Rs.500/-, in default of payment of fine, to undergo further SI for a period of two months.

(3.) Accused no. 1 Shantaben S Dave is no no more since she expired, but as she was serving as a Police Sub Inspector of Women Police Station at the relevant time, her legal heirs have opted to proceed further in the appeal instead of getting it abated, considering the fact that if she succeeds in the appeal, she would be entitled to service benefits, which were otherwise withheld because of such conviction. Therefore, at present her appeal is being carried further by her legal heirs.